CONDITIONS TO CLOSING OF COMPANY. The Company's obligation to sell and issue the Shares at the Closing is, at the option of the Company, subject to the fulfillment or waiver of the following conditions:
Appears in 20 contracts
Samples: Common Stock Purchase Agreement (Triangle Pharmaceuticals Inc), Master Agreement (Sonoma Systems), Preferred Stock Purchase Agreement (TVN Entertainment Corp)
CONDITIONS TO CLOSING OF COMPANY. The Company's obligation to sell and issue the Shares to be purchased at the Closing is, at the option of the Company, is subject to the fulfillment to its satisfaction on or waiver prior to the Closing Date of each of the following conditions:
Appears in 15 contracts
Samples: Series C Convertible Preferred Stock Purchase Agreement (Global Pharmaceutical Corp \De\), Series B Preferred Stock and Warrant Purchase Agreement (Softlock Com Inc), Series C Preferred Stock Purchase Agreement (Cellomics Inc)
CONDITIONS TO CLOSING OF COMPANY. The Company's obligation to sell and issue the Shares at the Closing isor at any Subsequent Closing, is at the option of the Company, subject to the fulfillment or waiver of the following conditions:
Appears in 11 contracts
Samples: Securities Purchase Agreement (Homeseekers Com Inc), Securities Purchase Agreement (Solana Venture Group Lp), Stock Purchase Agreement (Healtheon Corp)
CONDITIONS TO CLOSING OF COMPANY. The Company's obligation to sell and issue the Shares at the Closing Date is, at the option of the Company, subject to the fulfillment or waiver as of the Closing Date of the following conditions:
Appears in 10 contracts
Samples: Convertible Preferred Stock Purchase Agreement (Supershuttle International Inc), Stock Purchase Agreement (Horizon Organic Holding Corp), Agreement (Intek Information Inc)
CONDITIONS TO CLOSING OF COMPANY. The Company's obligation to sell and issue the Shares at the Closing is, at the option of the Company, is subject to the fulfillment or waiver by the Company of the following conditions:
Appears in 5 contracts
Samples: Subscription Agreement (Ixia), Subscription Agreement (Ixia), Subscription Agreement (Ixia)
CONDITIONS TO CLOSING OF COMPANY. The Company's ’s obligation to sell and issue the Shares at the Closing is, at the option of the Company, subject to the fulfillment or waiver of the following conditionsconditions as of the Closing Date:
Appears in 5 contracts
Samples: Stock Purchase Agreement (Pacwest Bancorp), Stock Purchase Agreement (Colonial Bancgroup Inc), Stock Purchase Agreement (Colonial Bancgroup Inc)
CONDITIONS TO CLOSING OF COMPANY. The Company's obligation to issue and sell and issue the Shares at the Closing is, at the option of the Company, is subject to the fulfillment satisfaction, or waiver by Company, of the following conditions:
Appears in 5 contracts
Samples: Stock Purchase Agreement (Image Entertainment Inc), Stock Purchase Agreement (Ppol Inc), Stock Purchase Agreement (Ppol Inc)
CONDITIONS TO CLOSING OF COMPANY. The Company's obligation to sell and issue the Shares at the Closing is, at the option of the Company, is subject to the fulfillment or waiver as of the Closing date of the following conditions:
Appears in 4 contracts
Samples: Preferred Stock Purchase Agreement (Aastrom Biosciences Inc), Preferred Stock Purchase Agreement (Aastrom Biosciences Inc), Common Stock Purchase Agreement (Cygnus Inc /De/)
CONDITIONS TO CLOSING OF COMPANY. The Company's obligation obligations to sell and issue purchase the Shares at the Closing isare, at the option of the Company, subject to the fulfillment or waiver of the following conditions:
Appears in 4 contracts
Samples: Stock Purchase Agreement (Andal Corp), Stock Purchase Agreement (Milstein Paul), Stock Purchase Agreement (Andal Corp)
CONDITIONS TO CLOSING OF COMPANY. The Company's ’s obligation to sell and issue the Shares at the Closing is, at the option of the Company, subject to the fulfillment or waiver as of the Closing Date of the following conditions:
Appears in 3 contracts
Samples: Purchase Agreement (Medalist Diversified REIT, Inc.), Share Purchase Agreement (Penwest Pharmaceuticals Co), Share Purchase Agreement (TRM Corp)
CONDITIONS TO CLOSING OF COMPANY. The Company's obligation to sell and issue the Shares Securities at the Closing is, at the option of the Company, subject to the fulfillment or waiver of the following conditions:
Appears in 3 contracts
Samples: Subordinated Note Purchase Agreement (Imaging Technologies Corp/Ca), Subordinated Note Purchase Agreement (American Industries Inc), Subordinated Note Purchase Agreement (Imaging Technologies Corp/Ca)
CONDITIONS TO CLOSING OF COMPANY. The Company's obligation to sell and issue the Shares at the Closing is, at the option of the Company, to a Purchaser is subject to the fulfillment or waiver of the following conditions:
Appears in 3 contracts
Samples: Purchase Agreement (Criticare Systems Inc /De/), Purchase Agreement (Medtronic Inc), Purchase Agreement (Vidamed Inc)
CONDITIONS TO CLOSING OF COMPANY. The Company's obligation to sell and issue the any Shares at the Closing is, at the option of the Company, subject to the fulfillment or waiver as of the Closing of the following conditions:
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Technology Crossover Management Iv LLC), Series D Preferred Stock Purchase Agreement (Technology Crossover Management Iv LLC)
CONDITIONS TO CLOSING OF COMPANY. The Company's obligation to sell and issue the Common Shares at the Closing is, at the option of the Company, subject to the fulfillment or waiver as of the Closing of the following conditions:
Appears in 2 contracts
Samples: Stock Purchase Agreement (Spectrx Inc), Stock Purchase Agreement (Spectrx Inc)
CONDITIONS TO CLOSING OF COMPANY. The Company's ’s obligation to sell and issue the Shares at the Closing Securities is, at the option of the Company, subject to the fulfillment or waiver of the following conditionsconditions as of the Closing Date:
Appears in 2 contracts
Samples: Stock and Warrant Purchase Agreement (Paulson & Co Inc), Stock and Warrant Purchase Agreement (Conseco Inc)
CONDITIONS TO CLOSING OF COMPANY. The Company's obligation to sell and issue the Shares at the Closing is, at the option of the Company, subject to the fulfillment or waiver as of the Closing of the following conditions:
Appears in 2 contracts
Samples: Stock Purchase Agreement (Blue Rhino Corp), Stock Purchase Agreement (Blue Rhino Corp)
CONDITIONS TO CLOSING OF COMPANY. The Company's obligation to sell and issue the Shares Units at the Closing is, at the option of the Company, subject to the fulfillment or waiver as of the Closing Date of the following conditions:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Penwest Pharmaceuticals Co), Securities Purchase Agreement (Penwest Pharmaceuticals Co)
CONDITIONS TO CLOSING OF COMPANY. The Company's obligation to sell and issue the Shares at the Closing is, at the option of the Company, subject to the fulfillment or waiver of the following conditions:
Appears in 2 contracts
Samples: Securities Purchase Agreement (First Virtual Holding Inc), Common Stock Purchase Agreement (Genplex LTD)
CONDITIONS TO CLOSING OF COMPANY. The Company's ’s obligation to sell and issue the Shares at the Closing Debentures is, at the option of the Company, subject to the fulfillment or waiver of the following conditionsconditions as of the Closing Date:
Appears in 2 contracts
Samples: Debenture Purchase Agreement, Debenture Purchase Agreement (Wilshire Financial Services Group Inc)
CONDITIONS TO CLOSING OF COMPANY. The Company's obligation to sell and issue the Shares Convertible Notes at the a Closing is, at the option of the Company, subject to the fulfillment or waiver as of the Closing of the following conditions:
Appears in 2 contracts
Samples: Loan Agreement (Spectrx Inc), Loan Agreement (Spectrx Inc)
CONDITIONS TO CLOSING OF COMPANY. The Company's obligation to sell and issue the Shares and the Warrants at the Closing is, at the option of the Company, to a Purchaser is subject to the fulfillment or waiver of the following conditions:
Appears in 2 contracts
Samples: Purchase Agreement (Vidamed Inc), Purchase Agreement (Medtronic Inc)
CONDITIONS TO CLOSING OF COMPANY. The Company's obligation to sell and issue the Shares Securities at the Closing Date is, at the option of the Company, subject to the fulfillment or waiver as of the Closing Date of the following conditions:
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Americas Power Partners Inc), Preferred Stock Purchase Agreement (Americas Power Partners Inc)
CONDITIONS TO CLOSING OF COMPANY. The Company's obligation to sell and issue the Shares Units at the Closing is, at the option of the Company, subject to the fulfillment or waiver of the following conditions:
Appears in 2 contracts
Samples: Unit Purchase Agreement (Borealis Technology Corp), Unit Purchase Agreement (Borealis Technology Corp)
CONDITIONS TO CLOSING OF COMPANY. The Company's obligation to sell and issue the Shares and the Warrants at the Closing is, at the option of the Company, to each Purchaser is subject to the fulfillment or waiver of the following conditions:
Appears in 2 contracts
Samples: Purchase Agreement (Stan Lee Media Inc), Purchase Agreement (Stan Lee Media Inc)
CONDITIONS TO CLOSING OF COMPANY. The Company's obligation to sell and issue the Shares at the Closing is, at the option of the Company, Date is subject to the fulfillment satisfaction or waiver as of the Closing Date of the following conditions:
Appears in 1 contract
CONDITIONS TO CLOSING OF COMPANY. The Company's obligation to sell and issue the Shares at the Closing Date is, at the option of the Company, subject to the fulfillment or waiver as of the Closing Date of the following conditionscondition:
Appears in 1 contract
Samples: Stock Purchase Agreement (Firstcity Financial Corp)
CONDITIONS TO CLOSING OF COMPANY. The Company's obligation to effect the Closing, including its obligation to issue and sell and issue the Preferred Shares to be purchased at the Closing isClosing, at the option of the Company, is subject to the fulfillment to its satisfaction on or waiver prior to the Closing Date of each of the following conditions:
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (GEM Surgilight Investors, LLC)
CONDITIONS TO CLOSING OF COMPANY. The Company's obligation to sell and issue the any Shares and Warrants at the Closing is, at the option of the Company, subject to the fulfillment or waiver as of the Closing of the following conditions:
Appears in 1 contract
Samples: Warrant Purchase Agreement (Technology Crossover Management Iv LLC)
CONDITIONS TO CLOSING OF COMPANY. The Company's obligation to sell and issue the Shares Securities at the each Closing is, at the option of the Company, is subject to the fulfillment or waiver of the following conditions:
Appears in 1 contract
Samples: Securities Exchange Agreement (Sanctuary Woods Multimedia Corp)
CONDITIONS TO CLOSING OF COMPANY. The Company's ’s obligation to sell and issue the Shares Units at the Closing is, at the option of the Company, subject to the fulfillment or waiver as of the Closing Date of the following conditions:
Appears in 1 contract
Samples: Securities Purchase Agreement (Penwest Pharmaceuticals Co)
CONDITIONS TO CLOSING OF COMPANY. The Company's obligation to sell and issue the Shares at the Closing is, at the option of the Company, closing is subject to the fulfillment or waiver as of the Closing Date of the following conditions:
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Sheridan Healthcare Inc)
CONDITIONS TO CLOSING OF COMPANY. The Company's obligation to sell and issue the Maximum Shares or the Minimum Shares, as applicable, at the Closing is, at the option of the Company, is subject to the fulfillment or waiver as of the Closing of the following conditions:
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Abbott Laboratories)
CONDITIONS TO CLOSING OF COMPANY. The Company's obligation of the Company to sell and issue the Shares at the Closing is, at the option of the Company, is subject to the fulfillment or waiver of the following conditionsconditions as of the Closing:
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Intrabiotics Pharmaceuticals Inc /De)
CONDITIONS TO CLOSING OF COMPANY. The Company's obligation to sell and issue the Shares and the Warrant at the Closing Date is, at the option of the Company, subject to the fulfillment or waiver of the following conditions:
Appears in 1 contract
Samples: Preferred Stock and Warrants Purchase Agreement (Trega Biosciences Inc)
CONDITIONS TO CLOSING OF COMPANY. The Company's obligation to sell and issue the Shares Preferred Stock at the Closing Date is, at the option of the Company, subject to the fulfillment or waiver as of the Closing Date of the following conditions:
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Integrated Circuit Systems Inc)
CONDITIONS TO CLOSING OF COMPANY. The Company's obligation to sell and issue the Shares and the Warrant at the Closing is, at the option of the Company, is subject to the fulfillment or waiver as of the Closing Date of the following conditions:conditions (any of which may be waived by the Company):
Appears in 1 contract
CONDITIONS TO CLOSING OF COMPANY. The Company's obligation to sell and issue the Shares to the Investor at the each respective Closing is, at the option of the Company, is subject to the fulfillment on or waiver prior to the applicable Closing Date of the following conditions:
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Emerge Interactive Inc)
CONDITIONS TO CLOSING OF COMPANY. The Company's obligation to sell and issue the Shares and the Initial Warrant at the Closing is, at the option of the Company, subject to the fulfillment or waiver of the following conditions:
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Affinity Technology Group Inc)
CONDITIONS TO CLOSING OF COMPANY. The Company's obligation to issue and sell Shares and issue the Shares Warrants at the Closing is, at the option of the Company, is subject to the fulfillment or waiver of the following conditions:
Appears in 1 contract
Samples: Stock Purchase Agreement (Continuus Software Corp /Ca)
CONDITIONS TO CLOSING OF COMPANY. The Company's ’s obligation to issue and sell and issue the Shares at the Closing is, at the option of the Company, is subject to the fulfillment satisfaction, or waiver by Company, of the following conditions:
Appears in 1 contract
Samples: Stock Purchase Agreement (Slaight Communications Inc.)
CONDITIONS TO CLOSING OF COMPANY. The Company's obligation to sell and issue the Shares Company's Stock and the Warrants at the Closing is, at the option of the Company, subject to the fulfillment or waiver of the following conditions:
Appears in 1 contract
Samples: Securities Purchase Agreement (London Merchant Securities PLC)
CONDITIONS TO CLOSING OF COMPANY. The Company's obligation to sell and issue the Shares at the Closing is, at the option of the Company, subject to and conditioned upon the fulfillment or waiver of the following conditions:
Appears in 1 contract
CONDITIONS TO CLOSING OF COMPANY. The Company's obligation to issue and sell and issue the Shares Preferred at the Closing is, at the option of the Company, is subject to the fulfillment or waiver of the following conditions:
Appears in 1 contract
Samples: Prologue
CONDITIONS TO CLOSING OF COMPANY. The Company's ’s obligation to sell and issue the Shares Securities at the Closing is, at the option of the Company, subject to the fulfillment or waiver as of the Closing Date of the following conditions:
Appears in 1 contract
Samples: Securities Purchase Agreement (Hana Biosciences Inc)
CONDITIONS TO CLOSING OF COMPANY. The Company's obligation to sell and issue the Common Shares and the Warrants at the Closing is, at the option of the Company, subject to the fulfillment or waiver as of the Closing of the following conditions:
Appears in 1 contract
CONDITIONS TO CLOSING OF COMPANY. The Company's obligation to sell and issue the Shares and the Warrant at the Closing Date is, at the option of the Company, subject to the fulfillment or waiver as of the Closing Date of the following conditions:
Appears in 1 contract
Samples: Stock Purchase Agreement (Jato Communications Corp)
CONDITIONS TO CLOSING OF COMPANY. The Company's obligation to sell and issue the Shares and the Warrants at the applicable Closing Date is, at the option of the Company, subject to the fulfillment or waiver as of the Closing Date of the following conditions:: a.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Firstworld Communications Inc)
CONDITIONS TO CLOSING OF COMPANY. The Company's obligation to sell and issue the Shares issuable hereunder at the Closing is, at the option of the Company, subject to the fulfillment or waiver of the following conditions:
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Warburg Pincus Private Equity Viii L P)
CONDITIONS TO CLOSING OF COMPANY. The Company's obligation to sell and issue the Shares at of Common Stock, Warrants, and the Closing is, at the option of the Company, Note is subject to the fulfillment or waiver waiver, as of the Purchase Payment dates or Final Funding date specified herein, of the following conditions:
Appears in 1 contract
Samples: Purchase Agreement (Vasco Data Security International Inc)
CONDITIONS TO CLOSING OF COMPANY. The Company's obligation to sell and issue the Shares Preferred Shares, and to issue the Warrants, at the Closing is, at the option of the Company, subject to the fulfillment or waiver as of the Closing of the following conditions:
Appears in 1 contract
